Legal Question in Family Law in Michigan

Want to leave state with my daughter, can I?

Custody has never been established for my daughter because, there was never a marraige or divorce, but she has been living primarily with my parents and myself. Her father, a part time student & waiter, sees her often, and has voiced that he wants at least partial custody. I have found a job in my field that is in California, that will allow me to work teachers hours(8-3) and have all of the school vacations (summer, christmas, etc.) There is a VERY limited availability of jobs in my field, so this is a great opportunity. Can I take my daughter to California?


Asked on 9/20/02, 3:16 pm

2 Answers from Attorneys
John C. Talpos Talpos & Arnold

Re: Want to leave state with my daughter, can I?

Hello, I have reviewed your e-mail as well as the response from Mr. Stern. I am a little stronger than he is on whether you can legally do what you are contemplating. However, I strongly agree with his additional comments. You write that your child's father "sees her often." Isn't that what a mother wants for her child? Is the father paying child support? if he is, that is another reason for not making the move. John C. Talpos (248) 743-6800 (http://www.Mich-Lawyer.com)

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Answered on 9/22/02, 11:12 pm
William Stern William Stern, P.C.

Re: Want to leave state with my daughter, can I?

Without a court order tot he contrary, you are probably okay in leaving the state. However, I cannot imagine that you are so limited in your field that you have to absolutely destroy the relationship and potential relationship between your daughter and the father that requires such a long distance move. You had a baby with the guy. It is totally unfair and wrong to make such a move and prevent him from having a relationship with his daughter. Furthermore, if you have thoughts about allowing visitation with such an arrangment, it borders on child abuse because you would be leaving your daughter with a guy who is a total stranger to her. It would affect her psyche forever. Bill Stern

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Answered on 9/22/02, 8:24 am


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